Exemption from paragraphs 724.33(2)(i) and 725.40(2)(i) of the Commercial Air Service Standards made pursuant to subsections 704.33(4) and 705.40(3) of the Canadian Aviation Regulations

From: Transport Canada

NCR 053-2015

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to adversely affect aviation safety, I hereby exempt Canadian air operators operating under Subparts 704 or 705 of the Canadian Aviation Regulations (CARs) from the requirements of paragraphs 724.33(2)(i) and 725.40(2)(i) of the Commercial Air Service Standards (CASS) made pursuant to subsections 704.33(4) and 705.40(3) of the CARs, subject to the conditions set out below.

Paragraphs 724.33(2)(i) and 725.40(2)(i) of the CASS state, in part, that aircraft may be fuelled with passengers on board, embarking or disembarking if procedures are established to ensure that passengers do not operate portable electronic devices (PEDs).

The requirements of paragraphs 724.33(2)(i) and 725.40(2)(i) of the CASS are detailed in Appendix A of this exemption.

INTERPRETATION

For the purpose of this exemption:

"Portable Electronic Device (PED)" – means any lightweight, electrically-powered equipment. These devices are typically consumer electronics devices functionally capable of communications, data processing and/or utility (Note: the definition of PEDs is intended to encompass both transmitting PEDs (TPEDs) and non-transmitting PEDs).

"Fuelling" – means the act of transferring fuel into or out of an aircraft's fuel tanks from or to an external supply.

"Fuelling safety zone" – means an area that extends three metres (10 feet) radially from the filling and venting points on the aircraft and from the fuelling equipment.

PURPOSE

The purpose of this exemption is to authorize Canadian air operators operating under Subparts 704 or 705 of the CARs to permit the use of PEDs while embarking, disembarking, or on board the aircraft during fuelling.

APPLICATION

This exemption applies only to Canadian air operators operating under Subparts 704 or 705 of the CARs while permitting the use of PEDs while embarking, disembarking, or on board the aircraft during fuelling.

CONDITIONS

This exemption is subject to the following conditions:

  1. No air operator shall permit the use of PEDs on board an aircraft during fuelling unless:

    1. (a) the aircraft exits adjacent to the fuelling safety zone remain closed; and
    2. (b) the air operator has determined that the operation of the PED will not produce a source of ignition and is safe to operate.

VALIDITY

This exemption is in effect from September 2, 2015 at 00:01 (EDT) until the earliest of:

  1. a) September 1, 2020 at 23:59 (EDT);
  2. b) the date on which any condition set out in this exemption is breached; or
  3. c) the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada on this 14th day of July, 2015, on behalf of the Minister of Transport.

"Original signed by Dr. David A. Salisbury (for)"

Denis Guindon
Director General, Aviation Safety Oversight and Transformation
Civil Aviation

APPENDIX A

Relevant provisions of the CARs

602.08 Portable Electronic Devices

  1. (1) No operator of an aircraft shall permit the use of a portable electronic device on board an aircraft, where the device may impair the functioning of the aircraft's systems or equipment.

  2. (2) No person shall use a portable electronic device on board an aircraft except with the permission of the operator of the aircraft.

704.33 Apron and Cabin Safety Procedures

(…)

  1. (4) No air operator shall permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual.

(…)

705.40 Passenger and Cabin Safety Procedures

(…)

  1. (3) No air operator shall permit an aircraft with passengers on board to be fuelled unless the fuelling is carried out in accordance with procedures that meet the Commercial Air Service Standards and that are specified in the air operator’s company operations manual.

(…)

Relevant provisions of the CASS

Standard 724 – Commuter Operations – Aeroplanes

Definitions

The words and expressions used in these Standards have the same meaning as in the General Provisions in Part I of the Canadian Aviation Regulations with the following additions:

"fuelling" – means the act of transferring fuel into or out of an aeroplane fuel tank from or to an external supply. (avitaillement ou reprise de carburant)

724.33 Passenger and Cabin Safety Procedures (Aeroplanes)

(…)

  1. (2) Fuelling with Passengers on Board

    Aeroplanes may be fuelled with passengers on board, embarking or disembarking under the following conditions:

(…)

    1. (i) procedures are established to ensure that passengers do not smoke, operate portable electronic devices or otherwise produce sources of ignition;

(…)

Standard 724 – Commuter Operations – Helicopters

Definitions

The words and expressions used in these Standards have the same meaning as in the General Provisions in Part I of the Canadian Aviation Regulations with the following additions:

"fuelling" – means the act of transferring fuel into or out of a helicopter’s fuel tanks from or to an external supply. (avitaillement ou reprise de carburant)

724.33 Apron and Cabin Safety Procedures (Helicopters)

(…)

  1. (2) Fuelling with Passengers on Board

    Helicopters may be fuelled with passengers on board, embarking or disembarking under the following conditions:

(…)

    1. (i) Procedures are established to ensure that passengers do not smoke, operate portable electronic devices or otherwise produce sources of ignition;

(…)

Standard 725 – Airline Operations – Aeroplanes

Definitions

The words and expressions used in these Standards have the same meaning as in the General Provisions in Part I of the Canadian Aviation Regulations with the following additions:

"fuelling" – means the act of transferring fuel into or out of an aeroplane fuel tank from or to an external supply. (avitaillement ou reprise de carburant)

725.40 Passenger and Cabin Safety Procedures

(…)

  1. (2) Fuelling with Passengers on Board (refers to subsection 705.40(3) of the Canadian Aviation Regulations)

    Aeroplanes may be fuelled with passengers embarking, disembarking, or on board under the following conditions:

(…)

    1. (i) procedures are established to ensure that passengers do not smoke, operate portable electronic devices or otherwise produce sources of ignition;

(…)

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